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NAFR
HHIGH COURT OF CHHATTISGARH, BILASPUR
SA No. 709 of 2019
• Dhansiram Agrawal S/o Sh. Pyare Lal Agrawal Aged About
71 Years R/o Laxmipur , Raigarh, Tehsil And Distt.
Raigarh, Chhattisgarh..... ---- Appellant
Versus
• Mangeram Agrawal S/o Sh. Kanhaiya Lal Agrawal Aged
About 73 Years R/o Subhash Chowk, Tehsil And Distt. -
Raigarh Chhattisgarh.... ---- Respondent
SA No. 848 of 2019
• Jagdish Agrawal S/o Mangeram Agrawal Aged About 43
Years Occupation Business, R/o Shankar Mils Store,
Subhash Chowk, Raigarh, Tahsil And District - Raigarh
Chhattisgarh. ( Landlord ), ---- appellant.
Versus
• Dhanisiram Agrawal S/o Pyare Lal Agrawal Aged About 68
Years Occupation Business, R/o Lakshmipur, Raigarh,
Tahsil And District - Raigarh Chhattisgarh. ( Tenant ),
---- Respondent
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For Appellant in SA No 709 of 2019 : Mr. Virendra Verma, Advocate and respondent in SA No. 848 of 2019 For Appellant : Mr. Sachin Nidhi, Advocate in SA No 848 of 2019 and respondent in SA No./ 709 of 2019 Both parties appeared before this court along with their respective Advocates.
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Hon'ble Shri Justice Narendra Kumar Vyas.
Judgment on Board (25-03-2022)
1. Since both the aforesaid second appeals arise out of same judgment and decree, they are heard analogously and are being disposed of by this common order.
2. Second Appeal No.848 of 2019 is preferred by the appellant/landlord against the judgment and decree dated 6-9-2019 passed by the learned District Judge, Raigarh, District Raigarh whereby learned First Appellate Court has partly allowed the decree under Section 12(1)
(a), (f)(k) U& (o) of the Chhattisgarh Accommodation Control Act, 1961 and directed the tenant to vacate the suit premises. Second Appeal No., 709 of 2019 is preferred by the defendant/tenant challenging the legality and validity of the impugned judgment and dated 6-9-2019 passed in First Appeal No. 25 of 2016 . These appeals are yet to be admitted.
3. Since the present dispute is between the landlord and considering the fact that there is a chance of amicable solution between the parties, vide its order dated 21-3- 2022 this court has directed the appellant and respondent to appear before this court on 25-3-2022 in person. In pursuance of the aforesaid direction passed 3 by this court, both the appellant/tenant and respondent/ landlord appeared before this court today. The landlord has submitted that if the tenant vacates the suit premises within a reasonable time, he is ready to reduce the arrears of rent of Rs.1,00,000/- out of Rs.1,50,000/-. The tenant after considering the proposal made by the landlord has submitted that he will vacate the suit premises, if a reasonable time of one year is given to him. He would further submit that he will make an endeavour to vacate the suit premises before one year also.
4. Considering the aforesaid submission made by the tenant, landlord has accepted the proposal and would inform this court that he is ready to forego Rs.1,00,000/- and Rs.50,000/- be paid as arrears of rent to him. The aforesaid proposal made by the landlord is acceptable to the tenant without any reservation.
5. Considering the parties have agreed to settle their dispute, this court has directed that the tenant will vacate the suit premises within one year from today i.e., 24-3-2023 or on or before that date, as assured by him, the tenant has to pay Rs.50,000/- only towards arrears of rent and till the suit premises is vacated by the tenant, he will pay regular rent to the landlord. 4
6. In view of the above, the judgment and decree passed by the First Appellate Court is afrmed. Accordingly, the instant both second appeals are disposed of in view of the aforesaid settlement arrived at between the parties.
7. A decree be drawn up accordingly.
Sd/-
(Narendra Kumar Vyas) Judge Raju